The suit states on July 29, 2010, Gilbert was a pedestrian standing on a sidewalk of the Covered Bridge Road, Palmerton, when he was allegedly struck by a vehicle driven by Jody Lesher. Lesher's insurance carrier was the defendant, the suit states.

Negligence is alleged for the injuries sustained and detailed in the suit. Sought are damages in excess of the "compulsory arbitration limits" of the county court.